AXIS MEGALINK SDN BHD v FAR EAST MINING PTE LTD

[2024] SGHC 47 High Court (General Division) 22 February 2024 • HC/S 342/2021 ( HC/SUM 3163/2023 ) • 20 min read
18 cases cited (13 SG, 5 foreign) Cited by 5 cases

Catchwords

Practice Areas

Judges (1)

Counsel (10)

Parties (5)

Case Significance

Axis Megalink Sdn Bhd v Far East Mining Pte Ltd [2024] SGHC 47 was decided in the General Division of the High Court on 22 February 2024, with grounds of decision delivered by Goh Yihan J after a hearing on 12 January 2024. In Suit No 342 of 2021 (Summons No 3163 of 2023), the applicants, Axis Megalink Sdn Bhd and Mr Lee Kien Han, applied against Far East Mining Pte Ltd for a stay of execution of the judgment and costs order in the suit, as well as for the defendant's solicitors to hold a sum of $200,000 (previously held by the applicants' solicitors as security for costs), both pending Axis's appeal in relation to those orders. The judgment records that, after hearing the parties on 12 January 2024, Goh Yihan J ordered a stay of execution of the Suit 342 Orders, conditional on the applicants paying to the defendant's solicitors, to hold as stakeholder within two weeks, the remainder of the damages and costs arising from the orders, less the remainder of the $200,000 already held. The catchwords indicate the case concerned a stay of execution of a judgment pending appeal and the conditions to be imposed. The dispute in Suit 342 centred on an engagement letter dated 16 August 2016 under which Far East Mining Pte Ltd engaged Axis as its introducer and arranger. The applicants were represented by counsel including from David Lim & Partners LLP and Eldan Law LLP, and the defendant by WongPartnership LLP.

[2024] SGHC 47 explained

AXIS MEGALINK SDN BHD v FAR EAST MINING PTE LTD ([2024] SGHC 47) is a Singapore judgment decided by the High Court (General Division) on 22 February 2024. It is categorised under Civil Procedure. Within this corpus it has since been cited by 5 other reported Singapore judgments, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2024] SGHC 47 about?

AXIS MEGALINK SDN BHD v FAR EAST MINING PTE LTD ([2024] SGHC 47) is a High Court (General Division) decision from 2024. Its published catchwords are “Civil Procedure — Stay of execution of judgment pending appeal — Conditions to be imposed”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGHC 47 consider?

The judgment refers to Supreme Court of Judicature Act (Cap 322). The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2024] SGHC 47?

Within this corpus, [2024] SGHC 47 has been cited by 5 later reported Singapore judgments. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

Axis Megalink Sdn Bhd and Mr Lee Kien Han applied to the General Division of the High Court for a stay of execution of the judgment and costs orders made against them in HC/S 342/2021 in favour of Far East Mining Pte Ltd, pending Axis's appeal, and for the release of $200,000 previously held as security for costs. The underlying suit concerned an arranger fee claimed by Axis under an engagement letter for a reverse takeover, which the court had dismissed while allowing Far East Mining's counterclaim. Goh Yihan J granted a stay of execution conditional on the applicants paying the remainder of the damages and costs to the defendant's solicitors to hold as stakeholder within two weeks, less the remaining sum already held, and ordered Far East Mining to pay $7,000 in costs.

What did Axis Megalink Sdn Bhd v Far East Mining Pte Ltd [2024] SGHC 47 decide?

In [2024] SGHC 47, Goh Yihan J ordered a stay of execution of the judgment and costs orders in Suit 342, conditional on the applicants paying the remainder of the damages and costs to the defendant's solicitors as stakeholder within two weeks, less the $200,000 already held.

What conditions were imposed for the stay of execution in [2024] SGHC 47?

The stay of execution was conditional on Axis Megalink Sdn Bhd and Mr Lee Kien Han paying to Far East Mining's solicitors, to hold as stakeholder within two weeks, the remainder of the damages and costs arising from the Suit 342 Orders, less the remainder of the $200,000 already held.

Statutes Cited

Cases Cited (18)

SG (5)
[2001] SGHC 19 [2010] SGHC 174 [2015] SGHCR 20 [2019] SGHC 248 [2023] SGHC(I) 19
SLR (8)
[1990] 1 SLR(R) 772 [1991] 2 SLR(R) 869 [1999] 1 SLR(R) 1053 [2000] 1 SLR(R) 15 [2015] 3 SLR 665 [2015] 5 SLR 1032 [2017] 2 SLR 12 [2019] 3 SLR 453
UK (4)
[2001] EWCA Civ 2065 [2004] EWHC 1606 [2014] EWCA Civ 1108 [2017] EWHC 1902
MY (1)
[2023] 8 MLJ 586

Cited By (5)

Referenced in

Statutes interpreted in this judgment

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 47)